Whether you ride a bike for commuting, fitness, or getting outside, you know the road does not always feel safe. One of the most dangerous hazards that cyclists encounter is dooring.
This happens in an instant. You don’t have time to stop, and you find yourself on the road and injured.
If this sounds familiar, Virginia law protects cyclists who may have been involved in these types of bicycle accidents. If you have been involved in a dooring accident, here are your legal options.
What Is Dooring?
Dooring happens when a driver or passenger opens a car door into the path of an oncoming cyclist.
This occurs so quickly that there is no time to react. The impact can throw a rider straight onto the pavement or into moving traffic. In Virginia, dooring is against the law. According to Virginia Code § 46.2-818.1, opening a car door on the traffic side is illegal unless it’s safe to do so.
Drivers and passengers are responsible for checking for bikes, pedestrians, and cars before opening their doors. If they fail to do that and someone gets hurt, they can be held legally responsible.
What Are Your Legal Options If You’ve Been Doored?
You could be entitled to compensation if you’ve been injured in a dooring accident. Under the law, injured cyclists can pursue claims for medical bills, lost wages, and pain and suffering. However, the path forward will depend on the details of your case, but here are the main options:
Filing a Personal Injury Claim
Most dooring cases are pursued as personal injury claims. That means showing that:
- The person who opened the door had a duty to act safely
- They breached that duty by failing to look
- That failure caused your injuries
- You suffered damages as a result
Your legal team needs to show that someone’s carelessness caused your injuries, and with that, you have the right to seek compensation. You may be able to recover for:
- Emergency care and hospital bills
- Physical therapy or follow-up treatment
- Lost wages or missed work
- Emotional distress
- Pain and suffering
- Damage to your bike or gear
Filing an Insurance Claim
You can also file a claim through the at-fault party’s auto insurance. In many cases, this is the fastest route to get compensation. However, the driver must have the right coverage and accept fault.
Virginia drivers are required to carry liability insurance, which should cover injuries caused by negligent behavior, such as dooring.
If the person who doored you was getting out of a rideshare vehicle or commercial van, you may be dealing with a corporate insurance policy. This can have higher limits and be more complicated to pursue.
An Alexandria personal injury lawyer can help you deal with these larger insurers and fight for a fair settlement.
Using Your Own UM/UIM Coverage
Many cyclists don’t realize that if they carry auto insurance, their own uninsured/underinsured motorist (UM/UIM) coverage may apply, even if they were riding a bike.
If the driver has no insurance or their policy is insufficient to cover your expenses, you may be able to file a claim with your insurance company under your UM/UIM provision. This can be a lifeline if the person who hit you is uninsured or tries to dodge responsibility.
What Happens When Third Parties May Be Liable?
While most dooring cases focus on the person who opened the door, there are rare situations where someone else might share responsibility. These could be vehicles part of a company fleet or a delivery service. Sometimes, poor infrastructure, like a dangerously narrow bike lane or a lack of visibility, may have been a factor.
In these cases, you may be able to pursue claims against a business or government agency. These claims can be complicated and time-sensitive.
Contributory Negligence Is the Biggest Hurdle
In the Commonwealth of Virginia, there’s a pure contributory negligence standard. If a court finds you even 1% responsible for the crash, you could lose your right to recover anything.
Insurance companies know this standard. They may try to claim you were riding too fast, were not using the bike lane, or should have seen the door coming. You need an advocate who understands how to push back on these tactics.
You Have a Limited Time to Act
Under Virginia law, you have two years from the accident date to file a personal injury lawsuit. If a government agency is involved, the timeline may be even shorter. You never want to wait until medical bills pile up or evidence disappears. You have the strongest case when you act right away.
You Have Legal Options After a Dooring Accident
Dooring accidents are painful, frightening, and completely preventable. If someone else’s carelessness caused you harm, you have every right to demand accountability and compensation.
At Curcio Law, we are ready to help you explore your legal options.
